,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gceb ,,in ,,the ,,house ,,of ,,representatives ,june #be1 #bjbj,mr4 ,griffith introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to streamline siting processes for telecommunications service facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,barriers and ,regulatory ,obstacles ,avoids ,deployment of ,broadband ,access and ,needs ,deregulatory ,leadership ,act or the ,,broadband ,leadership ,act4 #b4 ,removal of barriers to entry ,section #bec of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bec7 is amended to read as follows3 #bec4 ,removal of barriers to entry 7a7 ,general authority ,except as provided in this section1 nothing in this ,act shall limit or affect the authority of a ,state or local government or instrumentality thereof over decisions regarding the placement1 construction1 and modification of telecommunications service facilities4 7b7 ,limitations 7#a7 ,in general ,the regulation of the placement1 construction1 or modification of a telecommunications service facility by any ,state or local government or instrumentality thereof-- 7,a7 shall not prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service2 and 7,b7 shall not unreasonably discriminate among providers of functionally equivalent services4 7#b7 ,timeframe 7,a7 ,in general ,a ,state or local government or instrumentality thereof shall grant or deny a complete request for authorization to place1 construct1 or modify a telecommunications service facility not later than-- 7i7 if the request is for authorization to place1 construct1 or modify such facility in or on eligible support infrastructure1 #ij days after the date on which the complete request is received by the government or instrumentality2 or 7ii7 for any other action relating to such facility1 #aej days after the date on which the complete request is received by the government or instrumentality4 7,b7 ,applicability ,the applicable timeframe under subparagraph 7,a7 shall apply collectively to all proceedings required by a ,state or local government or instrumentality thereof for the approval of the request4 7,c7 ,no tolling ,a timeframe under subparagraph 7,a7 may not be tolled by any moratorium1 whether express or de facto1 imposed by a ,state or local government or instrumentality thereof on the consideration of any request for authorization to place1 construct1 or modify a telecommunications service facility4 7,d7 ,temporary waiver ,the ,commission may temporarily waive the applicability of subparagraph 7,a7 for not longer than a single #cj-;day period for any complete request upon a demonstration by a ,state or local government or instrumentality thereof that the waiver would be consistent with the public interest1 convenience1 and necessity4 7#c7 ,deemed granted 7,a7 ,in general ,if a ,state or local government or instrumentality thereof has neither granted nor denied a complete request within the applicable timeframe under paragraph 7#b71 the request shall be deemed granted on the date on which the government or instrumentality receives a written notice of the failure from the requesting party4 7,b7 ,rule of construction ,in the case of a request that is deemed granted under subparagraph 7,a71 the placement1 construction1 or modification requested in such request shall be considered to be authorized1 without any further action by the government or instrumentality1 beginning on the date on which such request is deemed granted under such subparagraph4 7#d7 ,written decision and record ,any decision by a ,state or local government or instrumentality thereof to deny a request to place1 construct1 or modify a telecommunications service facility shall be-- 7,a7 in writing2 and 7,b7 supported by substantial evidence contained in a written record4 7#e7 ,fees 7,a7 ,in general ,notwithstanding any other provision of law1 a ,state or local government or instrumentality thereof may charge a fee that meets the requirements under subparagraph 7,b7-- 7i7 to consider a request for authorization to place1 construct1 or modify a telecommunications service facility2 or 7ii7 for use of a right-of-way or a facility in a right-of-way owned or managed by the government or instrumentality for the placement1 construction1 or modification of a telecommunications service facility4 7,b7 ,requirements ,a fee charged under subparagraph 7,a7 shall be-- 7i7 competitively neutral1 technology neutral1 and nondiscriminatory2 7ii7 publicly disclosed2 7iii7 calculated-- 7,i7 based on actual and direct costs1 such as costs for-- 7aa7 review and processing of requests2 and 7bb7 repairs and replacement of-- 7,,aa7 components and materials resulting from and affected by the installation or improvement of telecommunications service facilities2 or 7,,bb7 equipment that facilitates the installation or improvement of such facilities2 and 7,,ii7 using1 for purposes of subclause 7,i71 only costs that are objectively reasonable2 and 7iv7 described to a requesting party in a manner that distinguishes between-- 7,i7 nonrecurring fees and recurring fees2 and 7,,ii7 the use of facilities on which telecommunications service facilities are already located and those on which there are no telecommunications service facilities as of the date on which the complete request is received by the government or instrumentality4 7c7 ,rule of construction ,except as provided in subsection 7b77#c71 nothing in this section shall be construed to prevent any ,state or local government or instrumentality thereof from imposing any additional limitation or requirement relating to consideration by the government or instrumentality of a request for authorization to place1 construct1 or modify a telecommunications service facility4 7d7 ,applicability ,this section shall apply to any request to a ,state or local government or instrumentality thereof for authorization to place1 construct1 or modify any telecommunications service facility1 including a request for authorization to place1 construct1 or modify a telecommunications service facility in or on eligible support infrastructure4 7e7 ,judicial review 7#a7 ,in general ,any person adversely affected by a final action or failure to act by a ,state or local government or instrumentality thereof that is inconsistent with this section may1 not later than #cj days after the action or failure to act1 commence an action in any court of competent jurisdiction4 7#b7 ,timing ,a court shall hear and decide an action described in paragraph 7#a7 on an expedited basis4 7f7 ,preservation of ,state regulatory authority ,nothing in this section shall affect the ability of a ,state to impose1 on a competitively neutral and nondiscriminatory basis and consistent with section #bed1 requirements necessary to preserve and advance universal service1 protect the public safety and welfare1 ensure the continued quality of telecommunications services1 and safeguard the rights of consumers4 7g7 ,preservation of ,state and local government authority ,nothing in this section affects the authority of a ,state or local government or instrumentality thereof to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers1 on a competitively neutral and nondiscriminatory basis1 for use of public rights-of-way on a competitively neutral and nondiscriminatory basis1 if the compensation required meets the requirements of subsection 7b77#e74 7h7 ,preemption ,if1 after notice and an opportunity for public comment1 the ,commission determines that a ,state or local government or instrumentality thereof has permitted or imposed any statute1 regulation1 or legal requirement that violates or is inconsistent with subsection 7b71 7f71 or 7g71 the ,commission shall preempt the enforcement of such statute1 regulation1 or legal requirement to the extent necessary to correct such violation or inconsistency4 7i7 ,commercial mobile service providers ,nothing in this section shall affect the application of section #ccb7;c77#c7 to commercial mobile service providers4 7j7 ,rural ,markets ,it shall not be a violation of this section for a ,state to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section #bad7;e77#a7 for designation as an eligible telecommunications carrier for that area before being permitted to provide such service4 ,this subsection shall not apply-- 7#a7 to a service area served by a rural telephone company that has obtained an exemption1 suspension1 or modification of section #bea7;c77#d7 that effectively prevents a competitor from meeting the requirements of section #bad7;e77#a72 and 7#b7 to a provider of commercial mobile services4 7k7 ,when request considered complete2 received 7#a7 ,in general ,for purposes of this section1 a request to a ,state or local government or instrumentality thereof shall be considered-- 7,a7 complete if-- 7i7 the requesting party makes the request by submitting to the government or instrumentality the form required to be used for making the request2 7ii7 the form submitted contains all of the information specified by the form as being required to be included in the form2 and 7iii7 the requesting party has not received a written notice from the government or instrumentality within #aj business days after the date on which the request is received by the government or instrumentality-- 7,i7 stating that the form does not contain all of the information required to be included in the form2 and 7,,ii7 identifying the information required to be included in the form that was not included2 and 7,b7 received by the government or instrumentality-- 7i7 in the case of a request submitted electronically1 on the date on which the form required to be used for making the request is transmitted2 7ii7 in the case of a request submitted in person1 on the date on which the form required to be used for making the request is delivered to the individual or at the location specified in the form for in-person submission2 and 7iii7 in the case of a request submitted in any other manner1 on the date determined under regulations promulgated by the ,commission for the manner in which the request is submitted4 7#b7 ,treatment of multiple forms ,if a ,state or local government or instrumentality thereof requires the use of multiple forms for making a request1 such forms shall be treated as a single form for purposes of paragraph 7#a74 7l7 ,definitions ,in this section3 7#a7 ,eligible support infrastructure ,the term eligible support infrastructure means infrastructure that supports or houses a facility for communication by wire 7or is designed to and capable of supporting or housing such a facility7 at the time when a complete request to a ,state or local government or instrumentality thereof for authorization to place1 construct1 or modify a telecommunications service facility in or on the infrastructure is received by the government or instrumentality4 7#b7 ,telecommunications service facility ,the term telecommunications service facility means a facility for the provision of any interstate or intrastate telecommunications service4 4